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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 6179
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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Could G answer this question. Person received her SSN after

Customer Question

Could Stephen G answer this question.
Person received her SSN after getting her legal status in August 2015. Then she filed an amended return for 2012 on April 13, 2016; before the statute of limitation to claim the EITC not claimed in the original return which was filed with her ITIN.
After filing the amended return she received a letter from the IRS stating that she was going to receive the corresponding refund. As time past and she was not receiving such refund, she has called the IRS and a representative told her that she is not entitled to claim the EITC for that year.
Please I need your advice.
Submitted: 3 months ago.
Category: Tax
Expert:  Stephen G. replied 3 months ago.

Hello, my name is***** goal is to give you a complete & accurate answer. I am working on your request now & I will respond as soon as possible.

Customer: replied 3 months ago.
Thank you.
Expert:  Stephen G. replied 3 months ago.

OK, well I see at least one problem with qualifying for the EITC for the 2012 tax year. There could be other issues, but that would require a lot more information about the individual's circumstances, income, etc.

However, the rules that I found indicate that for the year in question you must have a valid Social Security number by the date the income tax return is due [ie. for 2012 that would be April 15, 2013 (or within a day or two of that date depending on what day of the week 4/15/13 falls on and what state she resided in as certain holidays could extend the filing date a day or two later)]. If she filed for a valid automatic extension, the cutoff date could have extended as far as October 15, 2013 or within a day or two for the same reasons mentioned above.

So since she did not receive her "legal status" as you stated, (what was her prior status in this country?) and her Social Security card until sometime in or after August, 2015, it doesn't appear that she would have qualified for the EITC for 2012, 2013 or even 2014 unless she had obtained an automatic extension to file her 2014 tax return to October 15, 2015.

I don't know why she received that initial indication from the IRS about receiving the EITC for 2012, but I suspect that was simply a form letter sent out in response to her Amended Return and it wasn't until the issue date of her Social Security Card was checked that the fact that she didn't qualify for the EITC for 2012 was determined.

I'll be happy to answer any follow-up questions you may have but if this explanation provides the answer to your question (I realize it wasn't the answer you hoped for - Please Don't Shoot the Messenger), please remember to rate my response as that is the only way I will receive my share of the payment you have already made to the site.

Thanks for using JustAnswer.com. I wish I had a better, more favorable answer for you.

Steve G.

Expert:  Stephen G. replied 3 months ago.

Just checking in....................

I see that you had a chance to view my response this morning.

Do you have any follow-up questions, or can I be of any further assistance on this question?

If not, please remember to rate my response as that is the only way I will receive credit (payment) for responding to your question. Without a rating, I am not compensated.

There is no charge for providing me with a rating.

Thanks very much,

Steve G.

Expert:  Stephen G. replied 2 months ago.

Just checking in......

Is there a problem that I may respond to? I ask because you haven't provide a rating for my response.

I'd like to close out this question before the end of the month, if possible.

I would appreciate it if you would take a moment to let me know if I can assist you further and/or if you would provide a rating for my responses as indicated above.

Thanks again,

Steve G.